Legal Question in Wills and Trusts in Massachusetts
Can Executrix sell R.E. w/o sharing info and does she need heir's signatures
My oldest sister(executrix of father's will DOD 1/7/2007) signed P & S on house yesterday, she will not tell me selling price, Realtor also says he only needs to converse with Executrix and that other heirs don't even need to sign anything prior to the recording of the Deed. She is giving 2 other siblings back any leftover $ they paid to cover bills while living there since death. She refuses to collect fair market rent and share with other heirs. Realtors are her SON and EX-HUSBAND. Other heirs except 2 of us are okay with how she is doing things. Those 5 cleaned out house when she changed locks, 2 of us not included. 7 heirs total. Family has been split since we questioned her on handling of estate. I have no idea what attornies charge to help. House is on market for $254,900.
2 Answers from Attorneys
Re: Can Executrix sell R.E. w/o sharing info and does she need heir's signatures
You and your other disgruntled sibling should consider retaining an attorney to demand an accounting. Good Luck!
Re: Can Executrix sell R.E. w/o sharing info and does she need heir's signatures
Executrix should have obtained permission of the court to sell the property. That order should indicate the terms of the sale. Your sister is obligated to treat similar beneficiaries equally. This means she is required to disburse funds in terms of repayment equally.
Technically, as long as the property is sold for market value she is not doing anything wrong. However, the commission being paid to her son and husband may be questioned if it is more than 5%.
You and your siblings should retain an attorney and seek an accounting.
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